I 

112TH CONGRESS 

1ST SESSION H. R. 1360 

To amend the National Child Protection Act of 1993 to establish a permanent 

background check system. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2011 

Mr. SCHIFF (for himself, Mr. ROGERS of Michigan, and Mr. CONYERS) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the National Child Protection Act of 1993 to 

establish a permanent background check system. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Protection Im5 provements Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In 2006, 61,200,000 adults (a total of 26.7 

9 percent of the population) contributed a total of 

10 8,100,000,000 hours of volunteer service. Of those 


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1 who volunteer, 27 percent dedicate their service to 

2 education or youth programs, or a total of 

3 16,500,000 adults. 

4 (2) Assuming recent incarceration rates remain 

5 unchanged, an estimated 6.6 percent of individuals 

6 in the United States will serve time in prison for a 

7 crime during their lifetime. The Integrated Auto8 mated Fingerprint Identification System of the Fed9 eral Bureau of Investigation maintains fingerprints 

10 and criminal history records on more than 

11 65,000,000 individuals, many of whom have been ar12 rested or convicted multiple times. 

13 (3) A study released in 2002, found that, of in14 dividuals released from prison in 15 States in 1994, 

15 an estimated 67.5 percent were rearrested for a fel16 ony or serious misdemeanor within 3 years. Three17 quarters of those new arrests resulted in convictions 

18 or a new prison sentence. 

19 (4) Given the large number of individuals with 

20 criminal history records and the vulnerability of the 

21 population they work with, human service organiza22 tions that work with children need an effective and 

23 reliable means of obtaining relevant information 

24 about criminal histories in order to determine the 

25 suitability of a potential volunteer or employee. 


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1 (5) The large majority of Americans (88 per2 cent) favor granting youth-serving organizations ac3 cess to conviction records for screening volunteers 

4 and 59 percent favored allowing youth-serving orga5 nizations to consider arrest records when screening 

6 volunteers. This was the only use for which a major7 ity of those surveyed favored granting access to ar8 rest records. 

9 (6) Congress has previously attempted to en10 sure that States make Federal Bureau of Investiga11 tion criminal history background checks available to 

12 organizations seeking to screen employees and volun13 teers who work with children, the elderly, and indi14 viduals with disabilities, through the National Child 

15 Protection Act of 1993 (42 U.S.C. 5119 et seq.) and 

16 the Volunteers for Children Act (Public Law 105– 

17 251; 112 Stat. 1885). However, according to a June 

18 2006 report from the Attorney General, these laws 

19 ‘‘did not have the intended impact of broadening the 

20 availability of NCPA checks.’’ A 2007 survey con21 ducted by MENTOR/National Mentoring Partner22 ship found that only 18 States allowed youth men23 toring organizations to access nationwide Federal 

24 Bureau of Investigation background searches. 


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1 (7) Even when accessible, the cost of a criminal 

2 history background check can be prohibitively expen3 sive, ranging from $5 to $75 for a State fingerprint 

4 check, plus the Federal Bureau of Investigation fee, 

5 which ranges from $15.25 to $30.25, depending on 

6 the method of processing, for a total of between $21 

7 and $99 for each volunteer or employee. 

8 (8) Delays in processing such checks can also 

9 limit their utility. While the Federal Bureau of In10 vestigation processes all civil fingerprint requests in 

11 less than 24 hours, State response times vary widely, 

12 and can take as long as 42 days. 

13 (9) The Child Safety Pilot Program under sec14 tion 108 of the PROTECT Act (42 U.S.C. 5119a 

15 note) revealed the importance of performing finger16 print-based Federal Bureau of Investigation criminal 

17 history background checks. Of 68,000 background 

18 checks performed through the pilot program as of 

19 May 2009, 6 percent of volunteer applicants were 

20 found to have a criminal history of concern, includ21 ing very serious offenses such as sexual abuse of mi22 nors, assault, child cruelty, murder, and serious 

23 drug offenses. 

24 (10) In an analysis performed on the volunteers 

25 screened by the Child Safety Pilot Program, it was 


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1 found that over 41 percent of the individuals with 

2 criminal histories had committed an offense in a 

3 State other than the State in which they were apply4 ing to volunteer, meaning that a State-only search 

5 would not have found relevant criminal results. In 

6 addition, even though volunteers knew a background 

7 check was being performed, over 50 percent of the 

8 individuals found to have a criminal history falsely 

9 indicated on their application form that they did not 

10 have a criminal history. 

11 (11) The Child Safety Pilot Program also dem12 onstrates that timely and affordable background 

13 checks are possible, as background checks under 

14 that program are completed within 3 to 5 business 

15 days at a cost of $18. 

16 SEC. 3. BACKGROUND CHECKS. 

17 The National Child Protection Act of 1993 (42 

18 U.S.C. 5119 et seq.) is amended— 

19 (1) by redesignating section 5 as section 6; and 

20 (2) by inserting after section 4 the following: 

21 ‘‘SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY 

22 BACKGROUND CHECKS FOR CHILD-SERVING 

23 ORGANIZATIONS. 

24 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘background check designee’ 

2 means the entity or organization, if any, designated 

3 by or entering an agreement with the Attorney Gen4 eral under subsection (b)(3)(A) to carry out or assist 

5 in carrying out the duties described in subsection 

6 (c); 

7 ‘‘(2) the term ‘child’ means an individual who 

8 is less than 18 years of age; 

9 ‘‘(3) the term ‘covered entity’ means a business 

10 or organization, whether public, private, for-profit, 

11 nonprofit, or voluntary that provides care, care 

12 placement, supervision, treatment, education, train13 ing, instruction, or recreation to children, including 

14 a business or organization that licenses, certifies, or 

15 coordinates individuals or organizations to provide 

16 care, care placement, supervision, treatment, edu17 cation, training, instruction, or recreation to chil18 dren; 

19 ‘‘(4) the term ‘covered individual’ means an in20 dividual— 

21 ‘‘(A) who has, seeks to have, or may have 

22 unsupervised access to a child served by a cov23 ered entity; and 

24 ‘‘(B) who— 


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1 ‘‘(i) is employed by or volunteers with, 

2 or seeks to be employed by or volunteer 

3 with, a covered entity; or 

4 ‘‘(ii) owns or operates, or seeks to 

5 own or operate, a covered entity; 

6 ‘‘(5) the term ‘criminal history review designee’ 

7 means 1 or more Federal, State, or local government 

8 agencies, if any, designated by or entering an agree9 ment with the Attorney General under subsection 

10 (b)(3)(B) to carry out or assist in carrying out the 

11 criminal history review program; 

12 ‘‘(6) the term ‘criminal history review program’ 

13 means the program established under subsection 

14 (b)(1)(B); 

15 ‘‘(7) the term ‘identification document’ has the 

16 meaning given that term in section 1028 of title 18, 

17 United States Code; 

18 ‘‘(8) the term ‘participating entity’ means a 

19 covered entity that is— 

20 ‘‘(A) located in a State that does not have 

21 a qualified State program; and 

22 ‘‘(B) approved under subsection (f) to re23 ceive nationwide background checks in accord24 ance with subsection (c) and participate in the 

25 criminal history review program; 


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1 ‘‘(9) the term ‘qualified State program’ means 

2 a program of a State authorized agency that the At3 torney General determines is meeting the standards 

4 identified in subsection (b)(2) to ensure that a wide 

5 range of youth-serving organizations have affordable 

6 and timely access to nationwide background checks; 

7 ‘‘(10) the term ‘open arrest’ means an arrest 

8 relating to which charges may still be brought, tak9 ing into consideration the applicable statute of limi10 tations; 

11 ‘‘(11) the term ‘pending charge’ means a crimi12 nal charge that has not been resolved through con13 viction, acquittal, dismissal, plea bargain, or any 

14 other means; 

15 ‘‘(12) the term ‘State’ means a State of the 

16 United States, the District of Columbia, the Com17 monwealth of Puerto Rico, American Samoa, the 

18 Virgin Islands, Guam, the Commonwealth of the 

19 Northern Mariana Islands, the Federated States of 

20 Micronesia, the Republic of the Marshall Islands, 

21 and the Republic of Palau; and 

22 ‘‘(13) the term ‘State authorized agency’ means 

23 a division or office of a State designated by that 

24 State to report, receive, or disseminate criminal his25 tory information. 


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1 ‘‘(b) ESTABLISHMENT OF PROGRAM.— 

2 ‘‘(1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of the Child Protection Im4 provements Act of 2011, the Attorney General 

5 shall— 

6 ‘‘(A) establish policies and procedures to 

7 carry out the duties described in subsection (c); 

8 and 

9 ‘‘(B) establish a criminal history review 

10 program in accordance with subsection (d). 

11 ‘‘(2) ASSESSMENTS.—The Attorney General 

12 shall conduct— 

13 ‘‘(A) an annual assessment of each State 

14 authorized agency to determine whether the 

15 agency operates a qualified State program, in16 cluding a review of whether the State author17 ized agency— 

18 ‘‘(i) has designated a wide range of 

19 covered entities as eligible to submit State 

20 criminal background check requests and 

21 nationwide background check requests to 

22 the State authorized agency; 

23 ‘‘(ii) charges a covered entity not 

24 more than a total of $25 and the fee 

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1 tigation for a nationwide background 

2 check; and 

3 ‘‘(iii) returns requests for State crimi4 nal background checks and nationwide 

5 background checks to a covered entity not 

6 later than 10 business days after the date 

7 on which the request was made; and 

8 ‘‘(B) in addition to an annual assessment 

9 under subparagraph (A), an assessment de10 scribed in that subparagraph of a State author11 ized agency if— 

12 ‘‘(i) a State authorized agency that 

13 does not have a qualified State program 

14 requests such an assessment; or 

15 ‘‘(ii) the Attorney General receives re16 ports from covered entities indicating that 

17 a State authorized agency that has a quali18 fied State program no longer meets the 

19 standards described in subparagraph (A). 

20 ‘‘(3) DESIGNEES.—The Attorney General 

21 may— 

22 ‘‘(A) designate 1 or more Federal Govern23 ment agencies or enter into an agreement with 

24 any other entity or organization, or entities or 


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1 organizations to carry out or assist in carrying 

2 out the duties described in subsection (c); and 

3 ‘‘(B) designate a Federal Government 

4 agency or enter into an agreement with 1 or 

5 more Federal, State, or local government agen6 cies to carry out or assist in carrying out the 

7 criminal history review program. 

8 ‘‘(c) ACCESS TO NATIONWIDE BACKGROUND

9 CHECKS.— 

10 ‘‘(1) PURPOSE.—The purpose of this section is 

11 to streamline the process of obtaining nationwide 

12 background checks, provide effective customer serv13 ice, and facilitate widespread access to nationwide 

14 background checks by participating entities. 

15 ‘‘(2) DUTIES.—The Attorney General or the 

16 background check designee shall— 

17 ‘‘(A) handle inquiries from covered entities 

18 and inform covered entities about how to re19 quest nationwide background checks— 

20 ‘‘(i) for a covered entity located in a 

21 State with a qualified State program, by 

22 referring the covered entity to the State 

23 authorized agency; and 

24 ‘‘(ii) for a covered entity located in a 

25 State without a qualified State program, 


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1 by providing information on the require2 ments to become a participating entity; 

3 ‘‘(B) provide participating entities with ac4 cess to nationwide background checks on cov5 ered individuals in accordance with this section; 

6 ‘‘(C) receive paper and electronic requests 

7 for nationwide background checks on covered 

8 individuals from participating entities; 

9 ‘‘(D) to the extent practicable, negotiate 

10 an agreement with each State authorized agen11 cy under which— 

12 ‘‘(i) that State authorized agency shall 

13 conduct a State criminal background check 

14 within the time periods specified in sub15 section (e) in response to a request from 

16 the Attorney General or the background 

17 check designee and provide criminal his18 tory records to the Attorney General or the 

19 criminal history review designee; and 

20 ‘‘(ii) a participating entity may elect 

21 to obtain a State criminal background 

22 check, in addition to a nationwide back23 ground check, through 1 unified request to 

24 the Attorney General or the background 

25 check designee; 


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1 ‘‘(E) convert all paper fingerprint cards 

2 into an electronic form and securely transmit 

3 all fingerprints electronically to the national 

4 criminal history background check system and, 

5 if appropriate, the State authorized agencies; 

6 ‘‘(F) collect a fee to conduct the nation7 wide background check, and, if appropriate, a 

8 State criminal background check, and remit 

9 fees to the Attorney General or the criminal 

10 history review designee, the Federal Bureau of 

11 Investigation, and, if appropriate, the State au12 thorized agencies; and 

13 ‘‘(G) coordinate with the Federal Bureau 

14 of Investigation, participating State authorized 

15 agencies, and the Attorney General or the 

16 criminal history review designee to ensure that 

17 background check requests are being completed 

18 within the time periods specified in subsection 

19 (e). 

20 ‘‘(3) REQUIRED INFORMATION.—A request for 

21 a nationwide background check by a participating 

22 entity shall include— 

23 ‘‘(A) the fingerprints of the covered indi24 vidual, in paper or electronic form; 


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1 ‘‘(B) a photocopy of a valid identification 

2 document; and 

3 ‘‘(C) a statement completed and signed by 

4 the covered individual that— 

5 ‘‘(i) sets out the name, address, and 

6 date of birth of the covered individual, as 

7 those items of information appear on a 

8 valid identification document, and demo9 graphic characteristics defined at sub10 section (j)(2)(A); 

11 ‘‘(ii) notifies the covered individual 

12 that the Attorney General and, if appro13 priate, a State authorized agency may per14 form a criminal history background check 

15 and that the signature of the covered indi16 vidual on the statement constitutes an ac17 knowledgment that such a check may be 

18 conducted; 

19 ‘‘(iii) notifies the covered individual 

20 that the signature of the covered individual 

21 constitutes consent to participate in the 

22 criminal history review program, under 

23 which the participating entity may be in24 formed if the criminal history records of 

25 the covered individual reveal a criminal 


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1 history that warrants special concern or 

2 further inquiry; 

3 ‘‘(iv) notifies the covered individual 

4 that the covered individual shall be pro5 vided with a copy of the criminal history 

6 records of the covered individual and shall 

7 have 10 business days to review the 

8 records, challenge the accuracy or com9 pleteness of any information in the 

10 records, or withdraw consent to participate 

11 in the criminal history review program be12 fore any information about the criminal 

13 history of the covered individual is pro14 vided to the participating entity; and 

15 ‘‘(v) notifies the covered individual 

16 that prior to and after the completion of 

17 the background check, the participating 

18 entity may choose to deny the covered indi19 vidual access to children. 

20 ‘‘(4) FEES.— 

21 ‘‘(A) IN GENERAL.—The Attorney General 

22 or the background check designee may collect a 

23 fee to defray the costs of carrying out the du24 ties described in this subsection and the duties 


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1 of the criminal history review designee under 

2 this section— 

3 ‘‘(i) for a nationwide background 

4 check and criminal history review, in an 

5 amount not to exceed the lesser of— 

6 ‘‘(I) the sum of— 

7 ‘‘(aa) the actual cost to the 

8 Attorney General or the back9 ground check designee of con10 ducting a nationwide background 

11 check; and 

12 ‘‘(bb) the actual cost to the 

13 Attorney General or the criminal 

14 history review designee of con15 ducting a criminal history review 

16 under this section; or 

17 ‘‘(II) to the extent practicable, no 

18 greater than $25 for a covered indi19 vidual who volunteers with a covered 

20 entity except that where practicable 

21 the fee may be waived by the Attorney 

22 General upon a showing of substantial 

23 hardship; and 

24 ‘‘(ii) for a State criminal background 

25 check described in paragraph (2)(D), in 


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1 the amount specified in the agreement with 

2 the applicable State authorized agency, not 

3 to exceed $25. 

4 ‘‘(B) PROHIBITION ON FEES.— 

5 ‘‘(i) IN GENERAL.—A participating 

6 entity may not charge another entity or in7 dividual a surcharge to access a back8 ground check conducted under this section. 

9 ‘‘(ii) VIOLATION.—The Attorney Gen10 eral shall bar any participating entity that 

11 the Attorney General determines violated 

12 clause (i) from submitting background 

13 checks under this section. 

14 ‘‘(d) CRIMINAL HISTORY REVIEW PROGRAM.— 

15 ‘‘(1) PURPOSE.—The purpose of the criminal 

16 history review program is to provide participating 

17 entities with reliable and accurate information re18 garding whether a covered individual has been con19 victed of, or has an open arrest or pending charges 

20 for, a crime that may bear upon the fitness of the 

21 covered individual to have responsibility for the safe22 ty and well-being of the children in their care. 

23 ‘‘(2) REQUIREMENTS.—The Attorney General 

24 or the criminal history review designee shall— 


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1 ‘‘(A) establish procedures to securely re2 ceive criminal history records from the Federal 

3 Bureau of Investigation, if necessary, and from 

4 State authorized agencies, if appropriate; 

5 ‘‘(B) after receiving a criminal history 

6 record from the Federal Bureau of Investiga7 tion transmit to the covered individual— 

8 ‘‘(i) the criminal history records; 

9 ‘‘(ii) a detailed notification of the 

10 rights of the covered individual under sub11 section (g); and 

12 ‘‘(iii) information about how to con13 tact the Attorney General or criminal his14 tory review designee for the purpose of 

15 challenging the accuracy or completeness 

16 of any information in the criminal history 

17 record or to withdraw consent to partici18 pate in the criminal history review pro19 gram; 

20 ‘‘(C) if the covered individual informs the 

21 Attorney General or criminal history review des22 ignee that the covered individual intends to 

23 challenge the accuracy or completeness of any 

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1 propriate persons or offices within the Federal 

2 Bureau of Investigation or State authorized 

3 agency; 

4 ‘‘(D) make determinations regarding 

5 whether the criminal history records received in 

6 response to a criminal history background check 

7 conducted under this section indicate that the 

8 covered individual has a criminal history that 

9 may bear on the covered individual’s fitness to 

10 provide care to children, based solely on the cri11 teria described in paragraph (3); 

12 ‘‘(E) unless the covered individual has 

13 withdrawn consent to participate in the criminal 

14 history review program, convey to the partici15 pating entity that submitted the request for a 

16 nationwide background check— 

17 ‘‘(i) which of the 3 categorizations de18 scribed in paragraph (3) criminal convic19 tion of special concern identified, further 

20 inquiry recommended, or no criminal 

21 records of special concern identified apply 

22 to the covered individual; 

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1 garding hiring employees and using volun2 teers; 

3 ‘‘(iii) if a criminal history that meets 

4 the criteria set forth in subparagraph (A) 

5 or (B) of paragraph (3) is found, a rec6 ommendation to the participating entity to 

7 consult with the covered individual in order 

8 to obtain more information about the 

9 criminal history of the covered individual, 

10 and a list of factors to consider in assess11 ing the significance of that criminal his12 tory, including— 

13 ‘‘(I) the nature, gravity, and cir14 cumstances of the offense, including 

15 whether the individual was convicted 

16 of the offense; 

17 ‘‘(II) the period of time that has 

18 elapsed since the date of the offense 

19 or end of a period of incarceration or 

20 supervised release; 

21 ‘‘(III) the nature of the position 

22 held or sought; and 

23 ‘‘(IV) any evidence of rehabilita24 tion; and 


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1 ‘‘(iv) instructions and guidance that, 

2 in evaluating the considerations described 

3 in clause (iii), the participating entity 

4 should consult the Equal Employment Op5 portunity Commission Policy Statement on 

6 the Issue of Conviction Records and the 

7 Equal Employment Opportunity Commis8 sion Policy Guidance on the Consideration 

9 of Arrest Records in Employment Deci10 sions under Title VII of the Civil Rights 

11 Act of 1964 or any successor thereto 

12 issued by the Equal Employment Oppor13 tunity Commission; 

14 ‘‘(F) if a covered individual has withdrawn 

15 consent to participate in the criminal history re16 view program, inform the participating entity 

17 that consent has been withdrawn; 

18 ‘‘(G) work with the Attorney General or 

19 the background check designee and the Federal 

20 Bureau of Investigation to develop processes 

21 and procedures to ensure that criminal history 

22 background check requests are completed within 

23 the time periods specified in subsection (e); and 

24 ‘‘(H) serve as a national resource center to 

25 provide guidance and assistance to participating 


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1 entities on how to interpret criminal history in2 formation, the possible restrictions that apply 

3 when making hiring decisions based on criminal 

4 histories, and other related information. 

5 ‘‘(3) CRIMINAL HISTORY REVIEW CRITERIA.— 

6 The Attorney General or the criminal history review 

7 designee shall, in determining when a criminal his8 tory record indicates that a covered individual has a 

9 criminal history that may bear on the fitness of the 

10 covered individual to provide care to children— 

11 ‘‘(A) assign a categorization of criminal 

12 conviction of special concern identified if a cov13 ered individual is found to have a conviction 

14 that would prevent the individual from being 

15 approved as a foster or adoptive parent under 

16 section 471(a)(20)(A) of the Social Security Act 

17 (42 U.S.C. 671(a)(20)(A)); 

18 ‘‘(B) assign a categorization of further in19 quiry recommended if a covered individual is 

20 found to have— 

21 ‘‘(i) a conviction for a serious mis22 demeanor, committed against a child, in23 volving the same type of conduct prohib24 ited by a felony described in section 


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1 471(a)(20)(A) of the Social Security Act 

2 (42 U.S.C. 671(a)(20)(A)); 

3 ‘‘(ii) a conviction for a serious mis4 demeanor, not committed against a child, 

5 involving the same type of conduct prohib6 ited by a felony described in section 

7 471(a)(20)(A) of the Social Security Act 

8 (42 U.S.C. 671(a)(20)(A)) unless 5 years 

9 has elapsed since the later of the date of 

10 conviction and the date of release of the 

11 person from imprisonment for that convic12 tion; 

13 ‘‘(iii) an open arrest or pending 

14 charge for a felony described in, or a seri15 ous misdemeanor involving the same type 

16 of conduct prohibited by a felony described 

17 in, section 471(a)(20)(A) of the Social Se18 curity Act (42 U.S.C. 671(a)(20)(A)); and 

19 ‘‘(C) assign a categorization of no criminal 

20 records of special concern identified for a cov21 ered individual that does not meet the criteria 

22 described in subparagraph (A) or (B). 

23 ‘‘(e) TIMING.— 

24 ‘‘(1) IN GENERAL.—Unless exceptional cir25 cumstances apply, criminal background checks shall 


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1 be completed according to the time frame under this 

2 subsection. The Attorney General or the background 

3 check designee shall work with the criminal history 

4 review designee and the Federal Bureau of Inves5 tigation to ensure that the time limits under this 

6 subsection are being achieved. 

7 ‘‘(2) APPLICATION PROCESSING.—The Attorney 

8 General or the background check designee shall elec9 tronically submit a national background check re10 quest to the Federal Bureau of Investigation and, if 

11 appropriate, the participating State authorized agen12 cy not later than 2 business days after the date on 

13 which a request for a national background check is 

14 received by the Attorney General or the background 

15 check designee. 

16 ‘‘(3) CONDUCT OF BACKGROUND CHECKS.—The 

17 Federal Bureau of Investigation and, if appropriate, 

18 a State authorized agency shall provide criminal his19 tory records to the Attorney General or the criminal 

20 history review designee not later than 2 business 

21 days after the date on which the Federal Bureau of 

22 Investigation or State authorized agency, as the case 

23 may be, receives a request for a nationwide back24 ground check from the Attorney General or the 

25 background check designee. 


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1 ‘‘(4) PROVISION OF RECORDS TO COVERED IN2 DIVIDUALS AND OPPORTUNITY TO CHALLENGE.— 

3 ‘‘(A) IN GENERAL.—When the Attorney 

4 General or the criminal history review designee 

5 finds that the criminal history records of a cov6 ered individual fall within the categorizations 

7 described in subparagraph (A) or (B) of sub8 section (d)(3), the Attorney General or criminal 

9 history review designee shall provide the cov10 ered individual with the criminal history records 

11 of the covered individual and a detailed notifica12 tion of the rights of the covered individual 

13 under subsection (g) not later than 1 business 

14 day after the date on which the Attorney Gen15 eral or criminal history review designee receives 

16 a criminal history record from the Federal Bu17 reau of Investigation and, if necessary, resolves 

18 any potentially incomplete information in ac19 cordance with subsection (d)(2)(B). 

20 ‘‘(B) OPPORTUNITY TO CHALLENGE.—The 

21 covered individual shall have 10 business days 

22 from the date the criminal history records and 

23 notification described in subparagraph (A) are 

24 sent to challenge the accuracy or completeness 

25 of any information in the criminal history 


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1 record or to withdraw consent to participate in 

2 the criminal history review program. 

3 ‘‘(5) CRIMINAL HISTORY REVIEWS.—Unless the 

4 Federal Bureau of Investigation certifies that fur5 ther time is required to resolve a challenge brought 

6 by a covered individual, the Attorney General or the 

7 criminal history review designee shall convey to the 

8 participating entity the information set forth in sub9 paragraph (F) or (G) of subsection (d)(2), as appro10 priate, 10 business days after providing the covered 

11 individuals with the criminal history records of the 

12 covered individual and a notification of their rights 

13 under subsection (g). 

14 ‘‘(f) PARTICIPATION IN PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Attorney General or 

16 the background check designee shall determine 

17 whether an entity is a covered entity and whether 

18 that covered entity should be approved as a partici19 pating entity, based on— 

20 ‘‘(A) whether the entity is located in a 

21 State that has a qualified State program; and 

22 ‘‘(B) the consultation conducted under 

23 paragraph (2). 

24 ‘‘(2) CONSULTATION.—In determining how 

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1 tities, the Attorney General or the background check 

2 designee shall consult quarterly with the Federal 

3 Bureau of Investigation and the criminal history re4 view designee to determine the volume of requests 

5 for national background checks that can be com6 pleted, based on the capacity of the criminal history 

7 review program and the Federal Bureau of Inves8 tigation, the availability of resources, and the dem9 onstrated need for national background checks in 

10 order to protect children. 

11 ‘‘(3) PREFERENCE FOR NONPROFIT ORGANIZA12 TIONS.—In determining whether a covered entity 

13 should be approved as a participating entity under 

14 paragraph (1), the Attorney General or the back15 ground check designee shall give preference to any 

16 organization participating in the Child Safety Pilot 

17 Program under section 108(a)(3) of the PROTECT 

18 Act (42 U.S.C. 5119a note) on the date of enact19 ment of the Child Protection Improvements Act of 

20 2011 and to any other nonprofit organizations. 

21 ‘‘(g) RIGHT OF COVERED INDIVIDUALS TO CHAL22 LENGE ACCURACY OR COMPLETENESS OF RECORDS.—A 

23 covered individual who is the subject of a nationwide back24 ground check under this section may challenge the accu25 racy and completeness of the criminal history records in 


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1 the criminal history report as provided in subsection 

2 (d)(2)(D), without submitting a separate set of finger3 prints or an additional fee. 

4 ‘‘(h) DUTIES OF THE FEDERAL BUREAU OF INVES5 TIGATION.— 

6 ‘‘(1) RESPONSE TO A REQUEST FOR CRIMINAL

7 BACKGROUND RECORDS.—Upon request by the At8 torney General or background check designee, the 

9 Federal Bureau of Investigation shall conduct a na10 tionwide background check and provide any criminal 

11 history records to the Attorney General or criminal 

12 history review designee. 

13 ‘‘(2) RESOLUTION OF CHALLENGES.—If a cov14 ered individual challenges the accuracy or complete15 ness of any information in the criminal history 

16 record of the covered individual, the Federal Bureau 

17 of Investigation, in consultation with the agency that 

18 contributed to the record, shall— 

19 ‘‘(A) investigate the challenge with relevant 

20 departments and agencies of the Federal Gov21 ernment and State and local governments; 

22 ‘‘(B) promptly make a determination re23 garding the accuracy and completeness of the 

24 challenged information; and 


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1 ‘‘(C) correct any inaccurate or incomplete 

2 records. 

3 ‘‘(i) SENSE OF THE CONGRESS.—It is the sense of 

4 the Congress that in fiscal year 2012, and each fiscal year 

5 thereafter, the fees collected by the Attorney General or 

6 the background check designee should be sufficient to 

7 carry out the duties of the Attorney General or the back8 ground check designee under this section and to help sup9 port the criminal history review program. 

10 ‘‘(j) COLLECTION OF DATA AND REPORT TO CON11 GRESS.— 

12 ‘‘(1) IN GENERAL.—Not later than 1 year after 

13 the establishment of the program created under sub14 section (b), and annually thereafter, the Attorney 

15 General shall prepare and submit to Congress and 

16 make available to the public a report on the pro17 grams and procedures established under this Act. 

18 ‘‘(2) COLLECTION OF DATA.— 

19 ‘‘(A) DEFINITION OF DEMOGRAPHIC CHAR20 ACTERISTICS.—In this paragraph, the term ‘de21 mographic characteristics’ includes information 

22 pertaining to race, color, ancestry, national ori23 gin, age, sex, and marital status. 

24 ‘‘(B) COMPILING.—Beginning not later 

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1 gram under subsection (b), the Attorney Gen2 eral shall compile data regarding— 

3 ‘‘(i) the number and types of partici4 pating entities; 

5 ‘‘(ii) the fees charged to participating 

6 entities under this section; 

7 ‘‘(iii) the time interval between na8 tionwide background check submissions 

9 and responses under this section; 

10 ‘‘(iv) the fiscal impact of this section 

11 on State authorized agencies; 

12 ‘‘(v) the number and demographic 

13 characteristics of covered individuals sub14 mitting a statement described in subsection 

15 (c)(3)(A)(iii) as part of a request for a na16 tionwide background check; 

17 ‘‘(vi) the number and demographic 

18 characteristics of covered individuals deter19 mined to have a criminal history; 

20 ‘‘(vii) the number, type (including the 

21 identity of the offense and whether the of22 fense was committed while the covered in23 dividual was a juvenile or adult), and fre24 quency of offenses, and length of the pe25 riod between the date of the offense and 


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1 the date of the nationwide background 

2 check for any covered individuals found to 

3 have a criminal history under this section; 

4 ‘‘(viii) the procedures available for 

5 covered individuals to challenge the accu6 racy and completeness of criminal history 

7 records under this section; 

8 ‘‘(ix) the number and results of chal9 lenges to the accuracy and completeness of 

10 criminal history records under this section; 

11 ‘‘(x) the number and types of correc12 tions of erroneous criminal history records 

13 based on a challenge under this section; 

14 ‘‘(xi) the number and types of inquir15 ies for assistance on interpreting a crimi16 nal history received by the criminal history 

17 review program; and 

18 ‘‘(xii) to the extent practicable, the 

19 number of covered individuals denied em20 ployment based on the criminal history in21 formation provided by the Attorney Gen22 eral or the criminal history review des23 ignee. 

24 ‘‘(C) AGGREGATING DATA.—The Attorney 

25 General shall— 


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1 ‘‘(i) aggregate the data collected 

2 under this paragraph by State and city; 

3 and 

4 ‘‘(ii) aggregate the data collected 

5 under clauses (v), (vi), and (vii) of sub6 paragraph (B) by race, color, ancestry, na7 tional origin, age, sex, and marital status. 

8 ‘‘(D) REPORTS.— 

9 ‘‘(i) IN GENERAL.—Not later than 1 

10 year after the date of enactment of the 

11 Child Protection Improvements Act of 

12 2011, and annually thereafter, the Attor13 ney General shall prepare and submit to 

14 Congress a report concerning the data 

15 compiled and aggregated under this para16 graph. 

17 ‘‘(ii) CONTENTS.—Each report sub18 mitted under clause (i) shall contain— 

19 ‘‘(I) the data compiled and ag20 gregated under this paragraph, orga21 nized in such a way as to provide a 

22 comprehensive analysis of the pro23 grams and procedures established 

24 under this section; 


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1 ‘‘(II) information regarding and 

2 analysis of— 

3 ‘‘(aa) the programs and pro4 cedures established under this 

5 section; and 

6 ‘‘(bb) the extent such pro7 grams and procedures have 

8 helped screen individuals who 

9 may pose a risk to children; and 

10 ‘‘(III) information regarding and 

11 analysis of whether and to what ex12 tent the programs and procedures es13 tablished under this section are hav14 ing a disparate impact on individuals 

15 based on race, color, ancestry, na16 tional origin, age, sex, or marital sta17 tus. 

18 ‘‘(iii) RECOMMENDATIONS.—A report 

19 submitted under clause (i) may contain 

20 recommendations to Congress on possible 

21 legislative improvements to this section. 

22 ‘‘(iv) ADDITIONAL INFORMATION.— 

23 ‘‘(I) IN GENERAL.—Upon the re24 quest of any member of Congress, the 

25 Attorney General shall make available 


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1 any of the data compiled or aggre2 gated under this paragraph. 

3 ‘‘(II) EXCEPTION.—The Attorney 

4 General shall not make available any 

5 data that identifies specific individ6 uals. 

7 ‘‘(k) LIMITATION ON LIABILITY.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) FAILURE TO CONDUCT CRIMINAL

10 BACKGROUND CHECKS.—No participating entity 

11 shall be liable in an action for damages solely 

12 for failure to conduct a criminal background 

13 check on a covered individual. 

14 ‘‘(B) FAILURE TO TAKE ADVERSE ACTION

15 AGAINST COVERED INDIVIDUAL.—No partici16 pating entity shall be liable in an action for 

17 damages solely for a failure to take action ad18 verse to a covered individual upon receiving any 

19 notice of criminal history from the Attorney 

20 General or the criminal history review designee 

21 under subsection (d)(2)(F). 

22 ‘‘(2) RELIANCE.—A participating entity that 

23 reasonably relies on criminal history records received 

24 in response to a background check under this section 

25 shall not be liable in an action for damages based 


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1 on the inaccuracy or incompleteness of that informa2 tion. 

3 ‘‘(3) CRIMINAL HISTORY REVIEW PROGRAM.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraphs (B) and (C) the background 

6 check designee and the criminal history review 

7 designee, including a director, officer, employee, 

8 or agent of the background check designee, or 

9 the criminal history review designee, shall not 

10 be liable in an action for damages relating to 

11 the performance of the responsibilities and 

12 functions of the background check designee and 

13 the criminal history review designee under this 

14 section. 

15 ‘‘(B) INTENTIONAL, RECKLESS, OR OTHER

16 MISCONDUCT.—Subparagraph (A) shall not 

17 apply in an action if the background check des18 ignee, or the criminal history review designee, 

19 or a director, officer, employee, or agent of the 

20 background check designee, or the criminal his21 tory review designee, engaged in intentional 

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1 formance of responsibilities or functions under 

2 this section. 

3 ‘‘(C) ORDINARY BUSINESS ACTIVITIES.— 

4 Subparagraph (A) shall not apply to an act or 

5 omission relating to an ordinary business activ6 ity, such as an activity involving general admin7 istration or operations, the use of motor vehi8 cles, or personnel management. 

9 ‘‘(l) PRIVACY OF INFORMATION.— 

10 ‘‘(1) PROHIBITION ON UNAUTHORIZED DISCLO11 SURE OR USE OF CRIMINAL HISTORY RECORDS.— 

12 Except for a covered individual, any entity or indi13 vidual authorized to receive or transmit fingerprints 

14 or criminal history records under this Act— 

15 ‘‘(A) shall use the fingerprints, criminal 

16 history records, or information in the criminal 

17 history records only for the purposes specifically 

18 set forth in this Act; 

19 ‘‘(B) shall allow access to the fingerprints, 

20 criminal history records, or information in the 

21 criminal history records only to those employees 

22 of the entity, and only on such terms, as are 

23 necessary to fulfill the purposes set forth in this 

24 Act; 


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1 ‘‘(C) shall not disclose the fingerprints, 

2 criminal history records, or information in the 

3 criminal history records, except as specifically 

4 authorized under this Act; 

5 ‘‘(D) shall keep a written record of each 

6 authorized disclosure of the fingerprints, crimi7 nal history records, or the information in the 

8 criminal history records; and 

9 ‘‘(E) shall maintain adequate security 

10 measures to ensure the confidentiality of the 

11 fingerprints, the criminal history records, and 

12 the information in the criminal history records. 

13 ‘‘(2) COMPLIANCE.— 

14 ‘‘(A) IN GENERAL.—The Attorney General 

15 shall promulgate regulations to ensure the en16 forcement of the nondisclosure requirements 

17 under paragraph (1) and to provide for appro18 priate sanctions in the case of violations of the 

19 requirements. 

20 ‘‘(B) PARTICIPATING ENTITIES AND DES21 IGNEES.—The participation in any program 

22 under this section by an entity or organization 

23 that enters into an agreement with the Attorney 

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1 tory review program shall be conditioned on the 

2 person— 

3 ‘‘(i) establishing procedures to ensure 

4 compliance with, and respond to any viola5 tions of, paragraph (1); and 

6 ‘‘(ii) maintaining substantial compli7 ance with paragraph (1). 

8 ‘‘(3) DESTRUCTION OF RECORDS.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), the Attorney General, the 

11 background check designee, and the criminal 

12 history review designee shall destroy any finger13 prints, either in paper or electronic form, or 

14 criminal history record received for the purpose 

15 of carrying out the provisions of this Act after 

16 any transaction based on the fingerprints or 

17 criminal history record is completed, and shall 

18 not maintain the fingerprints, the criminal his19 tory records, or the information in the criminal 

20 history record in any form. 

21 ‘‘(B) EXCEPTION.—This paragraph shall 

22 not apply to the retention of fingerprints by the 

23 FBI, upon consent of the covered individual or 

24 in accordance with State or Federal procedures, 

25 for the purpose of providing fingerprint 


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1 verification or subsequent hit notification serv2 ices, or for the retention of criminal history 

3 record information which updates the criminal 

4 history record. 

5 ‘‘(C) REPEAT APPLICANTS.—A covered in6 dividual may sign a release permitting the At7 torney General or background check designee to 

8 retain the fingerprints of the covered individual 

9 for a period not to exceed 5 years, for the sole 

10 purpose of participating in the criminal history 

11 review program on a subsequent occasion.’’. 

12 SEC. 4. EXTENSION OF CHILD SAFETY PILOT. 

13 Section 108(a)(3)(A) of the PROTECT Act (42 

14 U.S.C. 5119a note) is amended— 

15 (1) by striking ‘‘104-month’’; and 

16 (2) by adding at the end the following: ‘‘The 

17 Child Safety Pilot Program under this paragraph 

18 shall terminate on the date that is 1 year after the 

19 date of enactment of the Child Protection Improve20 ments Act of 2011.’’. 

Æ 


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